NEW YORK, Nov 18 (Reuters) - The maker of Evian spring

water, Danone, won the dismissal of a lawsuit

challenging its "carbon neutral" claim on bottles, as a U.S.

judge reversed his earlier ruling letting the proposed class

action proceed.

Consumers accused Danone of defrauding them into buying

Evian, not knowing that its manufacturing process allowed the

release of carbon dioxide into the atmosphere.

U.S. District Judge Nelson Roman in White Plains, New York,

had ruled on Jan. 10 that "carbon neutral" was ambiguous, and

Danone expected "too much" for consumers to figure out what

Evian labels meant.

After Danone asked for reconsideration, Roman said in a

decision on Thursday he now believed reasonable consumers would

"look beyond the front label," which depicted mountains and said

Evian was sourced from the French Alps, and check the back

label.

There, Danone provided a link to Evian's website, which

provided a fuller explanation of carbon neutral's meaning.

Danone's representations "are technically true and relevant

disclosures are made available to consumers," Roman wrote.

The plaintiffs, Stephanie Dorris of California and John

Axiotakis of Massachusetts, said they paid premium prices for

Evian, equating "carbon neutral" with environmentally friendly.

Lawyers for the plaintiffs did not immediately respond on

Monday to requests for comment. The judge gave permission to

file a second amended complaint.

Roman ruled nine days after a Chicago federal judge

dismissed a lawsuit accusing Danone of defrauding consumers by

claiming on labels that Evian is "natural" though it contains

microplastics that seep from the bottle.

Danone's products also include Dannon, Oikos and Activia

yogurt. The company is based in Paris, and its North American

headquarters are in White Plains.

The case is Dorris et al v Danone Waters of America, U.S.

District Court, Southern District of New York, No. 22-08717.